This Order amends the Human Tissue Act 2004 (Commencement No. 5 and Transitional Provisions) Order 2006 (“the fifth Commencement Order”) (S.I. 2006/1997), which provides for the coming into force of provisions of the Human Tissue Act 2004 (c.30).

Article 2 inserts a further transitional provision into the fifth Commencement Order. This article provides that, where a registered medical practitioner has received a written statement that a donor and recipient are genetically related in accordance with the Human Organ Transplants (Establishment of Relationships) Regulations 1998 or the corresponding Northern Ireland legislation, and the operation to remove the organ from the donor is carried out by 28th February 2007, then section 33(1) and (2) of the Human Tissue Act 2004 will not apply. Article 2 also makes article 3 of the fifth Commencement Order (which provides for the coming into force on 1st September 2006, of the Human Tissue Act, apart from sections 5 and 8 which come into force on 1st December 2006) subject to this transitional provision.